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Time extended to admit claim to have judgment mortgage discharged out of the proceeds of intended sale of property
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Court of Appeal allows appeal of refusal to extend the time fixed by the Examiner to admit its claim to have a judgment mortgage, which it had registered against the property of the defendant, discharged out of the proceeds of the intended sale of that property, finding that: 1) the intention of the legislature as to the manner in which creditors who have registered judgments against the property of their debtors should be treated favours allowing the appeal; and 2) it would be a disproportionate sanction on a creditor as a result of its failure to meet a deadline in the course of an administrative process where no injustice has resulted to other creditors to refuse the application to extend time.
Mortgage law – appeal of refusal to extend the time fixed by the Examiner to admit its claim to have a judgment mortgage, which it had registered against the property of the defendant, discharged out of the proceeds of the intended sale of that property – Ord.55, r.36 of the Rules of the Superior Courts – judgment mortgage – locus standi of Emberton, as successor in title to Friends First to the High Court seeking leave to submit a claim to the Examiner’s Office in respect of its judgment mortgage – whether trial judge had applied the wrong test when considering how he should exercise his discretion on an application under Ord. 55, r.36 – Scanlon, in Administration and Mortgage Suits, 1st Ed., (Dublin, 1963) – Section 116 of the Land and Conveyancing Law Reform Act 2009 – jurisdiction of Court of Appeal – disproportionate sanction must not be imposed on a creditor as a result of its failure to meet a deadline in the course of an administrative process – appeal allowed.
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